HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/03/2013 - FIRST READING OF ORDINANCE NO. 172, 2013, AMENDINGAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY December 3, 2013
City Council
STAFF
Randy Hensley, Parking Services Manager
Joe Olson, City Traffic Engineer
Joel Tower, Police Sergeant
SUBJECT
First Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code.
EXECUTIVE SUMMARY
The purpose of this Ordinance is to ensure that the Fort Collins Traffic Code (the “Traffic Code”) is
consistent with state traffic laws, and to implement amendments identified by staff that would make the
Traffic Code more consistent and provide more effective and efficient local enforcement.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Colorado General Assembly regularly amends certain statutory provisions relating to traffic laws. At
the time of the most recent adoption of the Traffic Code, it was the understanding of staff and Council that
the Traffic Code would most likely be subject to future amendments, not only for the purpose of
clarification and correction of errors, but also to ensure that the Traffic Code remains consistent with state
traffic laws.
This Ordinance reflects proposed changes to the Fort Collins Traffic Code to maintain consistency with
state law and also includes changes recommended by Parking Services, Traffic Operations, Transfort,
and Police Services staff intended to make the Traffic Code more consistent and to provide more
effective and efficient traffic and parking enforcement.
The changes recommended by staff involve modifications and clarifications to infractions such as weight
of vehicles, flashing signals, bus stopping at railroad grade crossings, obstruction of traffic or highway
maintenance, permitted parking and impoundment, and methods to present compulsory motor vehicle
insurance.
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ORDINANCE NO. 172, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING VARIOUS PROVISIONS OF THE
FORT COLLINS TRAFFIC CODE
WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the City Council
adopted the Fort Collins Traffic Code (the “Traffic Code”); and
WHEREAS, at the time of the adoption of the Traffic Code, it was the expectation of
staff and the City Council that the Traffic Code would likely be subject to future amendments,
not only for the purposes of clarification and correction of errors, but also to ensure that the
Traffic Code remains consistent with State law; and
WHEREAS, the Colorado General Assembly has amended certain statutory provisions
relating to proof of insurance and the gross weight of vehicles or vehicle combinations; and
WHEREAS, City staff has made suggestions for clarifying the provisions of the Traffic
Code related to parking and definition changes to be consistent with state law; and
WHEREAS, it is the City Council’s desire to amend the Fort Collins Traffic Code to
reflect the changes made by the General Assembly and to adopt the clarifying modifications
proposed by the City staff; and
WHEREAS, the City Council has determined that the Traffic Code amendments which
have been proposed are in the best interest of the City and are necessary for the health, safety and
welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 508 of the Fort Collins Traffic Code is hereby amended to
read as follows:
508. Gross weight of vehicles and loads.
(1) Except as provided in Subsection (2) of this Section, no a person shall not move
or operate a vehicle or combination of vehicles shall be moved or operated on any
highway or bridge when the gross weight thereof upon any one (1) axle of a
vehicle exceeds the limits specified prescribed below:
(a)(I) The gross weight upon any one (1) axle of a vehicle shall not exceed the
limits prescribed in Section 507 set forth in Section 507.
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(II) Subject to the limitations prescribed in Section 507, the gross weight of a
vehicle having two (2) axles shall not exceed thirty-six thousand (36,000)
pounds.
(III) Subject to the limitations prescribed in Section 507, the gross weight of a
single vehicle having three (3) or more axles shall not exceed fifty-four
thousand (54,000) pounds.
(b) Subject to the limitations prescribed in Section 507, the maximum gross
weight of any vehicle or combination of vehicles shall not exceed that
determined by the formula W equals =1,000 (L plus + 40), where W
=represents the gross weight in pounds, and L =represents the length in
feet between the centers of the first and last axles of such vehicle or
combination of vehicles,; but except that, in computation of this formula,
no the gross vehicle weight shall not exceed eighty-five thousand (85,000)
pounds. For the purposes of this Section, where a combination of vehicles
is used, no a vehicle shall not carry a gross weight of less than ten (10)
percent of the overall gross weight of the combination of vehicles; except
that these limitations shall not apply to specialized trailers of fixed public
utilities whose axles may carry less than ten (10) percent of the weight of
the combination. The limitations provided in this Section shall be strictly
construed and enforced.
(c) Notwithstanding any other provisions of this Section, except as may be
authorized under Section 510, no a person shall not move or operate a
vehicle or combination of vehicles shall be moved or operated on any
highway or bridge which that is part of the national system of interstate
and defense highways, also known as the interstate system, when the gross
weight of such vehicle or combination of vehicles exceeds the following
specified limits: amount determined by the formula W = 500 [(LN/N-1) +
12N + 36], up to a maximum of eighty thousand (80,000) pounds, where
W represents the overall gross weight on any group of two (2) or more
consecutive axles to the nearest five hundred (500) pounds, L represents
the distance in feet between the extreme of any group of two (2) or more
consecutive axles, and N represents the number of axles in the group.
(I) Subject to the limitations prescribed in Section 507, the gross weight of a
vehicle having two (2) axles shall not exceed thirty-six thousand (36,000) pounds.
(II) Subject to the limitations prescribed in Section 507, the gross weight of a
single vehicle having three (3) or more axles shall not exceed fifty-four thousand
(54,000) pounds.
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(III) (A) Subject to the limitations prescribed in Section 507, the maximum gross
weight of any vehicle or combination of vehicles shall not exceed that determined
by the formula W = 500 [(LN/N-1) + 12N + 36].
(B) In using the formula in Sub-subparagraph (A) of this Subparagraph (III),
W equals overall gross weight on any group of two (2) or more consecutive axles
to the nearest five hundred (500) pounds, L equals distance in feet between first
and last axles of such vehicle or combination of vehicles, and N equals number of
axles; but in computations of this formula no gross vehicle weight shall exceed
eighty thousand (80,000) pounds, except as may be authorized under Section 510
or state law.
(IV) For the purposes of this Subsection (1), where a combination of vehicles is
used, no vehicle shall carry a gross weight of less than ten (10) percent of the
overall gross weight of the combination of vehicles; except that this limitation
shall not apply to specialized trailers whose specific use is to haul poles and
whose axles may carry less than ten (10) percent of the weight of the
combination.
(d) For the purposes of this Subsection (1) of this Section, where a
combination of vehicles is used, each vehicle shall carry a gross weight of
at least ten (10) percent of the overall gross weight of the combination of
vehicles; except that this requirement shall not apply to specialized trailers
whose specific use is to haul poles and whose axles are not capable of
carrying ten (10) percent of the weight of the combination.
(2) The gross weight limits provided in Subsection (1) of this Section are increased
by one thousand (1,000) pounds for any vehicle or combination of vehicles that if
the vehicle or combination of vehicles contains an alternative fuel system and
operates on alternative fuel or both alternative and conventional fuel. The
provisions of this Subsection (2) apply only when the vehicle or combination of
vehicles is operated on a highway that is not on the interstate system as defined in
Section 43-2-101, C.R.S. For the purposes of this Subsection (1.52), alternative
fuel has the same meaning provided in Section 25-7-106.8(1)(a), C.R.S.
Section 2. That Section 605(1) of the Fort Collins Traffic Code is hereby amended to
read as follows:
605. Flashing signals.
. . .
(b) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
of vehicles may cautiously proceed past such the signal and throughenter the
intersection or other hazardous location only with cautionas long as the driver’s
contemplated action is not prohibited by other official traffic control devices.
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Drivers shall yield the right-of-way to pedestrians and bicyclists lawfully within
the associated crosswalk, and to other vehicles lawfully within or approaching the
intersection.
(c) When a yellow arrow signal is illuminated with rapid intermittent flashes, drivers
of vehicles may cautiously proceed past the signal and enter the intersection only
to make the movement indicated by the arrow. Drivers shall yield the right-of-
way to pedestrians and bicyclists lawfully within a crosswalk and to other
vehicles lawfully within or approaching the intersection. In addition, vehicular
traffic turning left or making a U-turn to the left shall yield the right-of-way to
other vehicles approaching from the opposite direction which are within the
intersection or are so close thereto as to constitute an immediate hazard.
. . .
Section 3. That Section 707 of the Fort Collins Traffic Code is hereby amended to
read as follows:
707. Certain vehicles must stop at railroad grade crossings.
. . .
(2) This Section shall not apply at street railway grade crossings within a business
district.
(23) When stopping as required at such railroad crossing, the driver shall keep as far to
the right of the roadway as possible and shall not form two (2) lanes of traffic
unless the roadway is marked for four (4) or more lanes of traffic.
(34) Subsection (1) of this Section shall not apply at:
(a) Any railroad grade crossing at which traffic is regulated by a traffic
control signal;
(b) Any railroad grade crossing at which traffic is controlled by a police
officer, emergency services personnel or human flag person;
(45) For the purposes of this Section, the definition of hazardous materials shall be the
definition contained in the rules and regulations adopted by the Chief of the
Colorado State Patrol pursuant to Section 42-20-108, C.R.S.
Section 4. That Section 1203 of the Fort Collins Traffic Code is hereby amended to
read as follows:
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1203. Parking not to obstruct traffic Obstructing traffic or highway maintenance
prohibited.
No person shall park any vehicle upon any street or highway in such a manner or under
such conditions as to interfere with the free movement of vehicular traffic or proper street
or highway maintenance.
Section 5. That Section 1214.5 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1214.5. Permitted Parking.
(1) Unless official traffic control devices provide otherwise, only vehicles that have
been properly permitted pursuant to Section 24-164 of the City Code may be
parked within a residential parking permit zone.the following provisions may park
in those areas:
(a) Section 24-164 of the City Code for parking within a residential parking
permit zone.
(b) Section 23-140 of the City Code for use of facilities owned or operated by
the City, including but not limited to public parking areas.
. . .
(5) After vacating a time-restricted parking space in a residential parking permit zone,
no person shall return and park, or direct another person to return and park, that
same vehicle in that same residential parking zone within a twenty-four (24) hour
period, regardless of whether the maximum time restriction has elapsed.
Section 6. That Section 1409(3) of the Fort Collins Traffic Code is hereby amended
to read as follows:
1409. Compulsory insurance - penalty.
. . .
(3) When an accident occurs, or when requested to do so following any lawful traffic
contact or during any traffic investigation by a peace officer, no an owner or
operator of a motor vehicle or low-power scooter shall fail to present to the
requesting officer immediate evidence of a complying policy or certificate of self-
insurance in full force and effect as required by law.
(a) As used in this Section, "evidence of a complying policy or certificate of
self-insurance in full force and effect" includes the presentation of such a
policy or certificate upon a cell phone or other electronic device.
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(b) If an operator of a motor vehicle or low-power scooter uses a cell phone or
other electronic device to present evidence of a complying policy or
certificate of self-insurance in full force and effect as described in this
Section:
(I) The law enforcement officer to whom the operator presents the
device shall not explore the contents of the cell phone or other
electronic device other than to examine the operator's policy or
certificate of self-insurance; and
(II) The law enforcement officer to whom the operator presents the
device and any law enforcement agency that employs the officer
are immune from any civil damages resulting from the officer
dropping or otherwise unintentionally damaging the cell phone or
other electronic device.
. . .
Section 7. That Section 1801(5) of the Fort Collins Traffic Code is hereby amended
to read as follows:
1801. Authority to impound and immobilize.
. . .
(5) The owner of a motor vehicle may request an administrative hearing to contest
whether, at the time the vehicle was immobilized or impounded, reasonable
grounds existed to immobilize or impound the vehicle by:
(a) Paying the total amount of the fines, fees and penalties, including fees for
immobilization and impoundment, to Parking Services within seventy-two
(72) hours of immobilization or impoundment; and
. . .
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D.
2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on the 17th day of December, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk